Texas Employment Practices Liability Insurance

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We offer employment practices liability insurance (EPL insurance or EPLI) to all types of Texas entities in all industries. EPL insurance is a form of liability insurance which is designed to protect Texas employers from certain lawsuits or claims made by employees alleging that their rights have been violated through wrongful acts such as sexual harassment, wrongful termination, discrimination and other employment-related wrongful events.

An EPL insurance policy typically protects a company including its directors, officers, and employees against claims made by current, former, and prospective employees.

Who needs employment practices liability insurance in Texas?

Any Texas company with employees should consider obtaining coverage for employment practices liability insurance. Complaints and lawsuits by employees claiming that their legal rights have been violated have been rising in recent years. The Equal Employment Opportunity Commission, which is the federal agency enforcing workplace discrimination laws, handles around 100,000 complaints a year. In addition, certain complaints can be handled by state agencies or can be handled directly through a lawsuit.

What coverage is provided by EPL insurance in Texas?

In Texas, an EPL insurance policy typically provides liability coverage against actual or alleged wrongful employment-related acts, including but not limited to the following:

• Wrongful dismissal, discharge or termination of employment
• Breach of a written or oral employment contract or implied employment contract
• Sexual harassment
• Hostile work environment
• Discrimination
• Wrongful discipline
• Failure to hire
• Failure to promote
• Retaliation
• Libel, slander, defamation
• Infliction of emotional distress
• Misrepresentation

EPL insurance can also provide a limited amount of protection against claims made by third parties in Texas, such as employees of clients.

What are some examples of exclusions in EPL insurance policies in Texas?

Examples of exclusions that are contained in EPL policies in Texas are:

• Liability arising out of bodily injury or property damage
• Liability arising out of contractual liability
• Fraudulent, dishonest, criminal, or malicious acts
• Profit or advantage to which the insured is not legally entitled to
• Violations of ERISA
• Liability arising out of unemployment insurance, workers' compensation, retirement benefits and social security laws

Give us a call to discuss your Texas employment practices liability (EPL) insurance needs.